Torts Flow Charts
Most courts hold manufacturers and suppliers of defective products strictly liable for injuries caused by the defect. Note that anyone in the chain of distribution may be held liable, as long as they are commercial suppliers of the product. Those who occasionally sell products (i.e., selling a used car) will not be held strictly liable. [...]
Category : Torts Flow Charts
a. The Basics Usually, a manufacturing defect is a flaw in an individual product, which does not meet the standards of the manufacturer. The Plaintiff must prove: i. The product was in a defective condition that made it unreasonably dangerous for intended use, and ii. the defect existed when the product left the defendant’s control. [...]
Category : Torts Flow Charts
2. Design Defects a. Risk-Utility Test i. The product design is more dangerous than an ordinary consumer would expect, and ii. The risks inherent in the design outweigh its benefits. Balance A against B. A. The benefit of present design, including 1 . whether there is a reasonable alternative design, and 2. the costs of the reasonable [...]
Category : Torts Flow Charts
1. Assumption of Risk is a defense. Defendant must show that the Plaintiff a. knew of the risk, and b. unreasonably continued to use the product. 2. Comparative Fault a. Restatement/California: Use comparative fault rules to reduce Plaintiff’s recovery (compare P’s fault to D’s). b. Many states will not apply comparative fault when the Plaintiff’s [...]
Category : Torts Flow Charts
